Secretariat initiates dispute settlement procedures against four Contracting Parties in relation to NERPs

Today, the Secretariat launched dispute settlement procedures against Bosnia and Herzegovina, Kosovo*, North Macedonia and Serbia for not meeting their NERP ceilings for the reporting years 2018 and 2019. NERPs (National Emission Reduction Plans) are an instrument to comply with the Large Combustion Plants Directive and as such, they are to provide for emission reductions for sulphur dioxide, nitrogen oxides and dust for the group of plants covered by their scope. In the case of Serbia, compliance with the ceiling for sulphur dioxide presents the biggest challenge, while North Macedonia faces problems with ceilings for sulphur dioxide and dust. Bosnia and Herzegovina and Kosovo* failed to meet the ceilings for all three pollutants.

By sending the Opening Letters, the Secretariat initiated a preliminary procedure, the purpose of which is to give the Contracting Parties concerned the opportunity to react to the allegation of non-compliance with Energy Community law within two months and to enable the Secretariat to establish the full background of the case.

According to Articles 7 and 17 of the Rules of Procedure for Dispute Settlement, interested parties may be granted access to the case file and may submit written observations on the present case to the Secretariat during the preliminary procedure. All requests for information on this case should be addressed to the Deputy Director and Legal Counsel at [email protected] or +43 1 535 2222 24 and should refer to the case number ECS-7/21 (North Macedonia), ECS-8/21 (Kosovo*), ECS-9/21 (Bosnia and Herzegovina) and ECS-10/21 (Serbia).

* This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo declaration of independence.